Appeal against enforcement notice - general supplementary provisionsN.I.
144—(1) On an appeal under section 143 the planning appeals commission must quash the enforcement notice, vary the terms of the notice or uphold the notice.
(2) On such an appeal the planning appeals commission may correct any misdescription, defect or error in the enforcement notice, or vary its terms if it is satisfied that the correction or variation can be made without injustice to the appellant or to the council or, as the case may be, the Department.
(3) Where it would otherwise be a ground for determining such an appeal in favour of the appellant that a person required to be served with a copy of the enforcement notice was not so served, the planning appeals commission may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve the copy of the enforcement notice.
Modifications etc. (not altering text)
C1Pt. 5 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11
C2Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
C3S. 144 applied with modification(s) (1.4.2015) by The Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 (S.R. 2015/61), regs. 1, 17, Sch. 3 Pts. 1, 3
C4S. 144 applied with modification(s) (16.10.2015) by The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015 (S.R. 2015/344), regs. 1, 21, Sch. 3 Pts. 1, 3
C5Ss. 105-155: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))
Commencement Information
I1S. 144 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I2S. 144 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)